Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | additional evidence Dismissal of main appeal |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – Or.XLI, r.27 and s.107 – Dismissal of main appeal by First Appellate Court without deciding application for additional evidence – Held: Not proper – Ordinarily, the Appellate Court should not travel beyond the record of the lower court – s.107 CPC carves out an exception to this general rule, enabling the Appellate Court to take additional evidence subject to conditions prescribed in Or.XLI, r.27 CPC – Thus, grant or refusal of opportunity for production of additional evidence at the appellate stage is within the discretion of the appellate court – The First Appellate court, being the last court of facts and evidence, should permit the production of additional evidence where the explanation furnished by the party is satisfactory and the documents in question are vital to establish the case. |
Judge | N/A |
Neutral Citation | 2021 INSC 829 |
Petitioner | Satish Chand Surana |
Respondent | Raj Kumar Meshram |
SCR | [2021] 9 S.C.R. 586 |
Judgement Date | 2021-12-06 |
Case Number | 7446 |
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